By Derrick Hutek
Attorneys from Central Florida’s four major league sports franchises convened at the Tampa Club in downtown Tampa, FL on Thursday, December 12 for a panel discussion about legal issues facing team counsel on a daily and even hourly basis.
The event was presented by the Sports Lawyers Association, Holland & Knight, and Hill Ward Henderson.
The panel, consisting of David Cohen, General Counsel for the Tampa Bay Buccaneers; Nyea Sturman, Assistant Director of Legal Services for the Orlando Magic; John Higgins, Senior Vice President of Administration/General Counsel for the Tampa Bay Rays; and Jim Shimberg, Executive Vice President/General Counsel of Tampa Bay Sports and Entertainment, the parent company of the Tampa Bay Lightning and Tampa Bay Storm, was moderated by David Lisko of Hill Ward Henderson. Attendees included young practicing sports attorneys and law students eager to learn more about careers in sports. The panelists began by sharing their unique paths to becoming sports attorneys and contrasting their current work to that which occurs within a law firm.
Higgins, the very first employee of the then Tampa Bay Devil Rays, discussed his start as an associate with Fowler White and noted that he no longer has to keep time slips or hustle for business as an in-house attorney, as his focus is now on one client and whatever its legal needs may be. He also shared that his awareness of potential media interest and coverage colors some of the decisions he makes. Higgins, who served as the Rays’ CFO for nearly a decade, credited the varied nature of his experience at a firm with providing him at least some familiarity with the concepts of nearly every issue that comes across his desk with the Rays.
Cohen surprised many in the audience by discussing his start as an athletic trainer with several professional baseball organizations and how that led him into workers’ compensation work within sports and ultimately to the role of General Counsel.
Sturman’s MBA served her well in her role within the Magic’s Corporate Partnerships Department before she moved into her more wide-ranging position in 2012. She spoke about the challenges present when determining whether the nuanced details of a particular issue necessitate the hiring of specialized outside counsel and how the role of an in-house attorney is more that of a generalist.
Shimberg concurred with Higgins about the differences between firm and in-house work, discussing his 27 years as a member and partner of Holland & Knight, as well as his tenure as the City Attorney of Tampa prior to coming on board with the Lightning and Storm. He spoke about how much of what a GC does does not directly relate to the teams themselves, and that his past experience with complex real estate transactions has proven invaluable in his current role.
Students interested in pursuing careers within sports were encouraged by the panelists to acquire familiarity with several areas of the law that receive considerable attention from attorneys practicing within the industry. Higgins spoke of the ubiquitous presence of intellectual property law, as so many aspects of sport business involve the protection, exploitation, and licensing of trademarks and copyrights. Employment law also came up many times as an area of focus.
Panelists also discussed the importance of building a network within the industry, and not just with other attorneys. Cohen attributed nearly all of his opportunities to relationships he built during his career, including during his time as a student and athletic trainer. Shimberg shared his enthusiasm over the elevated sense of teamwork and excitement that working under an effective and inspiring executive team can create and how students and young lawyers interested in careers in sport need to understand that it is less about the individual than the organization as an in-house attorney.
Near the end of the evening, each panelist was asked what they saw as the biggest trend that would affect the careers of attorneys in the sports industry moving forward?
Sturman discussed the explosion of analytics and data collection within sports and the privacy concerns such practices raise among fans.
Cohen echoed the attention on big data and technology and again referenced employment law, noting that the trend in this area is continual change which can dramatically affect an organization.
Shimberg talked about how sports business is no longer simply limited to the competition on the playing surface and that his organization has renewed its focus on providing a world-class guest experience to ensure that the Lightning and Storm attract more than just hardcore sports fans.
Higgins echoed this by expressing the growing concern among sports organizations that technological advances are making in-person attendance a tougher sell. Several panelists also discussed the ever-growing merchandising industry and its unique challenges.
With each of these trends come new and interesting legal challenges, according to the panelists, which will keep current and prospective sports lawyers busy well into the future.
